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Licensed Unlicensed Requires Authentication Published by De Gruyter March 12, 2021

The Constitutional Imaginary: Shared Meanings in Constitutional Practice and Implications for Constitutional Theory

  • Alexander Latham-Gambi ORCID logo
From the journal ICL Journal

Abstract

In this article, I seek to defend three main claims: Firstly, that the kinds of practices that are the object of study of constitutional theorists are undergirded by certain fundamental shared understandings. Secondly, that these shared understandings together form a rich fabric of meaning that is, broadly speaking, held in common across modern western societies, which I call the ‘constitutional imaginary’. Thirdly, that political institutions play a symbolic role as ‘repositories’ of shared understandings, which is crucial for the development, maintenance, propagation and evolution of the constitutional imaginary. On the basis of these claims, I propose a distinctive role for constitutional theory: the interpretation of the social meaning of political institutions and the actions and events that take place in and around them.


Corresponding author: Alexander Latham-Gambi, Hillary Rodham Clinton School of Law, Swansea University, Swansea, UK, E-mail

I am grateful to Tom Hannant and Neil Walker for their comments on an earlier draft of this article.


Published Online: 2021-03-12
Published in Print: 2021-03-26

© 2021 Walter de Gruyter GmbH, Berlin/Boston

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